Publication details
Kolizní aspekty souběhů nekalosoutěžní a duševně vlastnické ochrany
| Title in English | Conflict-of-Laws Aspects of Overlaps of Unfair Competition and Intellectual Property Protection |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro pravní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.5817/CPVP2023-2-2 |
| Keywords | Unfair Competition; Infringement of Intellectual Property Rights; Qualification; Applicable Law; Noncontractual Obligations; Information Society Service Provider; Rome II Regulation |
| Description | This article aims to analyse conflict-of-laws aspects in cases of concurrence of unfair competition practices and infringements of intellectual property rights and therefore the potential application of both unfair competition protection and intellectual property protection. Firstly, the article will focus on the stage of qualification of such cases and will subsequently provide an analysis of mainly the Articles 6 and 8 of the Rome II Regulation and their scope of application in these cases. Relevant regulation established by the E-Commerce Directive on the rule of country of origin will also be taken into account. The arising issues are illustrated on an example of possible liability of ISPs for infringement of intellectual property rights or for unfair competition, and on related case law of the Supreme Court of the Czech Republic. |
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